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31/07/2025
IT: The Justice of the Peace did not validate the detention of the applicant at the CPR, who presented with visible injuries, because no psychiatric evaluation had been conducted, and it was not possible to definitively exclude the presence of psychiatric conditions, rendering the applicant unfit for detention.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Italy, Justices of the Peace [giudice di pace], Quaestor of Rimini, RG 27730-25, 31 July 2025. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=5191
Case history
Other information
Abstract

On 29 July 2025, the Quaestor of Rimini ordered that, since immediate refoulement or escort to the border was not possible, the applicant be detained for the strictly necessary time at the Pre-Removal Centre (Centro di Permanenza per il Rimpatrio, CPR) of Ponte Galeria, Rome. The Justice of the Peace of Rome was requested to validate the detention measure.


During the hearing before the Justice of the Peace, the applicant declared she had not been informed of the possibility to request international protection and expressed her intention to do so. Additionally, during the hearing, the lawyer stated that the applicant had cuts, as shown in the health documentation submitted. The Justice of the Peace questioned the on-duty doctor of the CPR regarding the applicant’s injuries mentioned in the report and asked whether the applicant had undergone a psychiatric examination. The doctor replied that he “could not take responsibility for providing psychiatric fitness for the applicant as of that day” and stated that “the cuts were older, i.e., they had occurred before admission and were not inflicted within the facility.”


The Justice of the Peace considered that the medical documentation filed by the Police Headquarters on 29 July 2025 was generic and lacked essential details. It also noted that a subsequent certificate filed on 30 July 2025 documented cuts on the applicant’s arm and calf. Therefore, the Justice of the Peace ruled that, given the absence of a specific psychiatric certificate in the documents, it was not possible to definitively exclude the presence of psychiatric conditions.


The Justice of the Peace also noted that the medical certificate of fitness was issued earlier than the one provided by the applicant and therefore could not effectively challenge its evidentiary value. Moreover, the Justice of the Peace took into account the doctor’s statements at the hearing. The Justice of the Peace ruled that the burden of proof regarding the absence of conditions precluding detention, pursuant to Article 2697 of the Civil Code, rests with the administration, which failed to provide sufficient and specific evidence. Therefore, the Justice of the Peace did not validate the detention.



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Country of Decision
Italy
Court Name
IT: Justices of the Peace [giudice di pace]
Case Number
RG 27730-25
Date of Decision
31/07/2025
Country of Origin
Keywords
Detention/ Alternatives to Detention
Medical condition
Return/Removal/Deportation